[TRAFFIC CAMERAS]

Motorists who paid
fines still can
challenge tickets

Anyone can request a trial if
they can first explain why they paid

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By Nelson Daranciang
ndaranciang@starbulletin.com

Motorists who paid their speeding fines or who did not show up in court on their assigned court date can still use the flawed-citation argument to try to get the citation dismissed, said attorney Michael Kam.

People who missed their assigned court date will have a default judgment entered against them.

However if they disagree with the judgment, they have 30 days to request a trial in which they can use the flawed-citation argument, Kam said.

"Even the people who paid, they can still try to set aside the previous action, which is the payment," he said. But motorists will need to come up with a compelling reason why they paid the fine rather than challenged it, Kam said.

If the judge accepts that reason, then they can bring up the flawed-citation defense.

They can apply on the second floor of the Honolulu District Court building at 1111 Alakea St.

People who sent in written statements have no chance of getting another day in court, Kam said.

The written statements offer explanations or extenuating circumstances as to why they were speeding. The judge can consider the circumstances or explanation, and dismiss the case or reduce or suspend the fine. But the statements are also considered admissions of guilt.

Since Jan. 2, the state's traffic camera vans have been citing speeding drivers on the Pali and Likelike highways and on Moanalua Freeway. The state also plans to start issuing camera citations for drivers who run red lights at certain Honolulu intersections.